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From June 1, 2017, onwards, anyone who drinks and drives, blows over 50 milligrams of alcohol, causes an accident, resulting in damage, "insurance will not pay." This also covers
-Drivers who are under 20 years of age
-Drivers who have a temporary driving license according to the automobile law
-Drivers who have a driving license for another type of vehicle that cannot be substituted
-And drivers who do not have a driving license or whose driving license is currently suspended or revoked” will also not be covered by insurance.
Dr. Suttipol Taweechaiyakarn, Secretary-General of the Office of Insurance Commission (OIC), revealed that currently, road accidents in Thailand have the highest fatality rate in the ASEAN region. Multiple measures are needed for implementation and systemic integration of work between both public and private sectors. Statistics show that one of the leading causes of deaths from car accidents is drunk driving, as alcohol reduces driving ability. In the past, the OIC has collaborated with various parties and agencies, such as the Department of Disaster Prevention and Mitigation, Don't Drive Drunk Foundation, the Ad Hoc Committee Driving Road Safety System Reform, National Reform Steering Assembly, etc., to campaign and publicize, as well as jointly find various approaches and measures to reduce road accidents. Many parties agree that relying solely on old measures used to campaign for accident reduction during holiday seasons cannot reduce road accidents. Therefore, new measures are necessary to increase the effectiveness of driving tangible results. One of the important mechanisms is to fully utilize insurance measures to help reduce accidents.
In addition, after carefully studying various data, including facts, laws, and listening to various suggestions regarding pros and cons, the OIC believes that amending the exclusions in car insurance policies regarding the reduction of alcohol limits to comply with the land traffic law will be more beneficial to the public. This measure will help promote the "Don't Drink and Drive" campaign and support road safety according to the sustainable road safety system reform plan, which will tangibly reduce road accidents.
Therefore, on March 16, 2017, I, as the Registrar, by virtue of Section 29, paragraph two of the Non-Life Insurance Act B.E. 2535, issued Registrar's Order No. 11/2560 regarding the amendment of the form, text of the insurance policy, and attached documents of the insurance policy. This is part of supporting measures to promote road safety and strengthen traffic discipline among the public, by amending the exclusions according to Registrar's Order No. 22/2551 dated September 29, B.E. 2551, Clause 2 and Clause 3 (original) “Driving by a person who, while driving, has a blood alcohol level of not less than 150 milligrams percent” for car insurance policies and attached documents of car insurance policies approved by the Registrar.
The text is amended to... “Driving by a person who, while driving, has a blood alcohol level exceeding 50 milligrams percent, which is in accordance with Ministerial Regulation No. 16 (B.E. 2537) issued under the Land Traffic Act B.E. 2522, is considered to be “intoxicated.” This order is effective for entering into insurance contracts with insurance companies from June 1, 2017, onwards. This is to allow the OIC and insurance companies sufficient time to publicize and create understanding among the public, and for insurance companies to prepare for amending documents related to offering insurance policies to policyholders, as well as data readiness that must be communicated to policyholders, to avoid confusion regarding the changed conditions from the original.
The essence of this Registrar's Order is that in cases where the driver of a voluntarily insured vehicle has a blood alcohol level exceeding 50 milligrams percent and is involved in an accident, neither life nor property will be covered by the policy.
... However, victims or third parties who suffer damage from the aforementioned insured vehicle will still receive coverage. The insurance company of the at-fault insured vehicle must provide coverage for compensation to those who have suffered damage to both life and property. The insurance company will then seek recourse to recover the compensation paid from the driver who has a blood alcohol level exceeding 50 milligrams percent.
Nevertheless, the adjustment of the alcohol limit does not affect the coverage of compulsory motor insurance (CTPL).
“Various insurance measures, whether it's about reducing insurance premiums for policyholders who install CCTV cameras in their cars and the adjustment of the alcohol limit to comply with the land traffic law, both measures introduced during this period are mechanisms to help reduce road accidents. They will make people realize the importance of careful and safe driving, which will lead to a reduction in the number of road accidents. Furthermore, it supports the government's policy to ensure public safety from road accidents,” Dr. Suttipol concluded.
Source Royal Gazette / www.oic.or.th
“Driving by a person who, while driving, has a blood alcohol level exceeding 50 milligrams percent, which is in accordance with Ministerial Regulation No. 16 (B.E. 2537) issued under the Land Traffic Act B.E. 2522, is considered to be “intoxicated.” This order is effective for entering into an insurance...
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